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Law No. 222 Of 22 May 2003

Original Language Title:  LEGE nr. 222 din 22 mai 2003

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LEGE no. 222 222 of 22 May 2003 for approval Government Ordinance no. 82/2000 concerning the authorisation of economic operators providing repair, adjustment and/or road vehicle reconstruction activities
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 367 367 of 29 May 2003



The Romanian Parliament adopts this law + Article 1 Approval Government Ordinance no. 82 82 of 24 August 2000 concerning the authorisation of economic operators providing repair, adjustment and/or road vehicle reconstruction activities adopted pursuant to art. 1 lit. F point 7 7 of Law no. 125/2000 on the empowerment of the Government to issue ordinances and published in the Official Gazette of Romania, Part I, no. 413 of 30 August 2000, with the following amendments and additions: 1. The title of the ordinance shall read as follows: " ORDINANCE on the authorization of economic agents carrying out repair, adjustment, constructive modification, road vehicle reconstruction, as well as the dismantling of used vehicles " 2. Article 1 shall read as follows: "" Art. 1. -(1) The provisions of this ordinance apply to all economic agents who carry out activities through which the constructive, functional and quality parameters of road vehicles can be influenced, compared to the legal regulations regarding technical conditions for the admission and maintenance of these on public roads. (2) For the purposes of this ordinance, by activities that may influence the constructive, functional and quality parameters of road vehicles, it is understood: a) repair, maintenance and functional adjustment activities of road vehicles; b) repair activities, refurbishments, stagings, checks and calibrations of components and equipment of road vehicles; c) constructive changes and reconstruction of road vehicles; d) activities to dismantle used road vehicles, with a view to marketing and recycling. ((3) The activities referred to in paragraph ((2) may be carried out only in specialized workshops, on the basis of the technical operating authorization. (4) The technical authorization for operation is the document certifying the technical capability of the economic agent to carry out, in accordance with the legislation in force, the activities provided in par. ((2). ' 3. Article 1 shall be inserted after Article 1 with the following contents: "" Art. 1 1 ^ 1. -For the purposes of this ordinance, the terms used therein shall have the following meanings: a) economic agent-natural or legal person authorized to carry out the activities referred to in art. 1 1 para. ((2); b) road vehicle repair activity-the specific activity involving replacement operations of at least one component of the vehicle with a new component, identical or similar to the first assembly component, of origin or of general use, and/or reconditioning operations of a component of one of the vehicle systems, carried out in accordance with the specific technical documentation of the vehicle manufacturers; c) adjustment activity-the specific activity that involves the realization or restoration of the state of a technical system whose characteristic sizes have deviated from certain imposed conditions; d) reconstruction activity-the industrial production activity of road vehicles in which new or refurbished parts, assemblies or subassemblies are used, on a manufacturing flow, with technologies and quality assurance systems certificates of competent bodies; e) honorability-the situation in which the authorized activity leader is found, who was not convicted of serious criminal offences and acting ethically and responsibly in relation to the beneficiaries; f) constructive changes-the activity that results in changing the constructive, functional or quality parameters of the road vehicle and/or its components to the approved type; g) neutrality-the situation in which an economic agent is found which, through the work carried out, does not generate conflict of interest; h) dismantling-the specific activity that involves the dismantling of the road vehicle and/or its sub-assemblies in components, in order to sell or recycle them. " 4. Article 2 shall read as follows: "" Art. 2. -(1) The technical authorization for operation shall be issued by the Regia Autonomous lt; lt; the Romanian Auto Registry gt; gt;, specialized technical body of the Ministry of Public Works, Transport and Housing, hereinafter referred to as R.A.R., having in a report assessing the technical capability of the economic operator, drawn up by its own personnel certified for conformity assessment on the basis of the regulations and technical standards developed by that ministry. ((2) The activity of economic agents who check and/or calibrate tachographs, taxing and speed limiters is conditioned by ensuring the objectivity and neutrality requirements of the respective agent in relation to the users of the devices. (3) The technical authorization of operation shall be granted to economic agents who meet the conditions of endowment, technical documentation and appropriate technologies, have hired qualified personnel corresponding to the works they execute, and the ruler activities referred to in art. 1 meets the conditions of honorability and professional capacity. (4) The technical authorization of operation differentiates the economic agents by classes, depending on the complexity of the activity they perform and/or the brands or types of road vehicles for which they carry out these activities. (5) Economic agents carrying out specific activities within the period of guarantee of new vehicles must also have the ability of the manufacturer of the road vehicle or from the authorized representative of the road vehicle. (6) The validity of the technical operating authorization is subject to the maintenance by its holder of the conditions underlying the granting of the technical operating authorization. (7) The technical authorization for operation may be suspended, in part or in whole, in the event of non-compliance with one of the conditions which were the basis for granting it, until the deficiencies reported. (8) The technical operating authorization shall be cancelled if the deficiencies reported, which led to the partial or total suspension thereof, have not been remedied within the time limits laid down in the decision to suspend the technical authorization of operation. " 5. Article 3 shall read as follows: "" Art. 3-(1) Compliance with the activities referred to in art. 1, executed, is checked by inspection with specific devices, equipment and technologies, to guarantee that the vehicle subject to these activities corresponds to the legal conditions and regulations regarding the admission and maintenance in circulation of road vehicles. (. Economic agents shall be obliged to register and maintain evidence demonstrating compliance of the activities carried out with the required technical and quality conditions. The registers of activities will also contain the results of the inspections carried out under the conditions of para. ((1). ' 6. Article 4 shall read as follows: "" Art. 4. -Equipment, spare parts and materials that may affect the safety of movement and/or environmental protection, used by economic agents carrying out the activities provided for in art. 1, must be certified or approved in accordance with the legal regulations, as the case may be. " 7. Article 5 shall read as follows: "" Art. 5. -Economic agents performing the activities referred to in art. 1 are obliged to issue to the beneficiary certificates of guarantee for the executed works, including, if applicable, the warranty durations related to the new or refurbished components used, in accordance with the legal regulations. " 8. Article 6 shall read as follows: "" Art. 6. -(1) The reconstruction activity of road vehicles can be carried out only by economic agents-legal entities-who carry out an industrial production activity in the field and who have certified a quality management system, in compliance with the applicable model of the SR EN ISO 9000 series of standards. (2) The technical authorization of the dismantling activity of used road vehicles is subject to compliance with the special conditions of reuse, recycling or recovery of parts, components and operating materials resulting from dismantling, in order to preserve and improve the quality of the environment, road traffic safety and energy conservation, as appropriate. " 9. Article 6 shall be inserted after Article 6, with the following contents: "" Art. 6 6 ^ 1. -(1) It constitutes contraventions, in so far as, according to the criminal law, they are not considered crimes, and the following facts are sanctioned with a fine: a) performing the activities provided in art. 1 1 para. (2) without the technical authorization of operation, with a fine from 20,000,000 lei to 100,000,000 lei; b) performing the activities provided in art. 1 1 para. (2), for which the technical authorization of operation was suspended in whole or in part, with a fine of 5,000,000 lei to 50,000,000 lei; c) non-compliance with 3 3 para. ((2) and art. 4, with a fine from 2,000,000 lei to 10,000,000 lei; d) non-compliance with 5, with a fine of 5,000,000 lei to 50,000,000 lei. (2) The boxes of fines provided in par. (1) may be modified by Government decision, depending on the rate of inflation. (3) Contraventions provided in par. (1) is found and sanctioned by the staff empowered for this purpose by the Ministry of Public Works, Transport and Housing, the competent authority in the field of transport. (4) The provisions regarding the sanctioning of contraventions to this ordinance shall be supplemented by provisions Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 ,, as amended. (5) Against the minutes of suspension or cancellation of the technical authorization of operation economic agents may appeal to the Ministry of Public Works, Transport and Housing, within 5 working days from the date the delivery or communication of the minutes. (6) The Ministry of Public Works, Transport and Housing is obliged to respond within 10 working days from the date of receipt of the appeals referred to in par. ((5). (7) If sanctioned economic agents are not satisfied with the way of resolving appeals by the Ministry of Public Works, Transport and Housing, they can address the courts in accordance with the complaint. the legal provisions in force. " 10. Article 7 shall read as follows: "" Art. 7. -(1) Within 30 days from the date of entry into force of this ordinance, the Ministry of Public Works, Transport and Housing shall update the regulations and technical rules on the authorization of economic agents providing services repair, adjust and/or carry out the activity of reconstruction of road vehicles, approved by Order of Transport Minister no. 536/1997 , published in the Official Gazette of Romania, Part I, no. 348 of 9 December 1997, with subsequent amendments and completions. (2) The regulations and technical norms provided in par. (1) shall be updated within 60 days from the date of publication in the Official Gazette of Romania, Part I, of the law approving this ordinance. (3) The technical rules provided in par. (1) is periodically updated by the Ministry of Public Works, Transport and Housing, depending on the evolution of the legislation in the European Union. (4) When updating the regulations and technical norms the Ministry of Public Works, Transport and Housing will also request the point of view of professional associations in the field, constituted according to the law. (5) The technical operating permits issued by R.A.R. before the date of entry into force of this ordinance shall remain valid until the first supervisory audit. " + Article 2 This law shall enter into force within 60 days from the date of publication in the Official Gazette of Romania, Part I. + Article 3 Government Ordinance no. 82/2000 on the authorization of economic agents providing repair, adjustment and/or carrying out road vehicle reconstruction activity, as amended and supplemented by this Law, shall be republished in the Gazette Official of Romania, Part I, giving the texts a new numbering. This law was adopted by the Senate at the meeting of April 10, 2003, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, ALEXANDRU ATHANASIU This law was adopted by the Chamber of Deputies at the meeting of May 6, 2003, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU Bucharest, May 22, 2003. No. 222. -------------